Burnett v. Fultoncote Pty Ltd

The case of Burnett v. Fultoncote Pty Ltd involved the applicant seeking declarations under the Personal Injuries Proceedings Act 2002 (Qld) against the respondent. The central issue was whether the applicant had established a reasonable excuse for the delay in giving a Part 1 notice under section 9 of the Act. The proceedings were heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issue was whether the nature of the excuse for the delay influenced the awarding of costs, given the applicant’s request for costs to be awarded on a standard basis.

The QCAT considered the statutory provisions governing costs in personal injury proceedings. The court acknowledged that under the Personal Injuries Proceedings Act, the general rule is that costs follow the event, meaning the party that is successful in their claim is generally entitled to costs from the other party. However, the court also noted that the discretion to award costs on a standard or indemnity basis can be exercised, particularly in cases where the delay in giving the notice was due to a reasonable excuse. The court examined the specific circumstances that constituted the excuse and the overall fairness of awarding costs on a standard basis.

In its decision, the QCAT found that the applicant had established a reasonable excuse for the delay in giving the Part 1 notice. The court concluded that the nature of the excuse did not preclude the applicant from being awarded costs on a standard basis. It was determined that the delay was not due to any fault or negligence on the part of the applicant, and therefore, it was appropriate to award costs on a standard basis. The QCAT ordered the respondent to pay the applicant's costs of and incidental to the application.